50121 (30 August 2022)

Criminal Injuries Compensation Tribunal

Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme

Single Member Decision

Application of [ ]

Application number 50121

Name of applicant: [ ]

Date of incident: [ ]

Date application received: [ ]

Decision: Award of €230.

The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant was a resident in the hotel when a suspected arson incident occurred, causing the hotel to suffer significant fire damage. The Applicant suffered smoke inhalation, trauma and a severe angina attack after the incident. She lost her possessions which she had in the hotel.

The incident in this case was immediately reported to An Garda Síochana after it occurred and the Applicant made two statements to the investigating members. The matter was investigated and a file sent to the DPP, however no prosecution was directed. The Applicant has not received payment of compensation in the matter.

The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme. However, the Tribunal cannot award compensation by way of general damages, nor for damage to property.

Paragraph 21 of the General Scheme (pre-April 2021) states that “Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury”. In this case the application was received on the [ ], which is a little outside the permitted time period. However, the Tribunal notes the traumatic nature of the incident and the trauma suffered by the Applicant and this Member of the Tribunal finds that the circumstances as a whole justify exceptional treatment such that the application is admissible under Paragraph 21.

The Applicant has set out particulars of her loss. There is a claim for replacing a laptop and camcorder. There is a claim for items of clothing and shoes for the Applicant and her son. There is a claim for replacement spectacles and travel expenses.

The Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury which is directly attributable to the crime of violence. In that regard, the claim for replacement spectacles and travel expenses is allowable as items of special damage.

The Scheme does not extend to other property damage and the Tribunal has no power to award compensation for the loss of the laptop, camcorder, clothing and shoes.

The Applicant was the victim of a crime of violence by way of arson which occurred on the [ ] at [ ] when she sustained personal injury.

The Tribunal regards the application as admissible for consideration under the Scheme and awards the following sums:

1. Replacement Spectacles - €115 (STG£100)

2. Travel Expenses - €115 (STG£100)

The Tribunal hereby makes an award in the sum of €230.

Dated the 30th day of August 2022.

Cathal Lombard

Tribunal Member